Monu Alias Vijay Kumar v. State of U.P

Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 43687 of 2024 Applicant :- Monu Alias Vijay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vishal Tandon Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

¶1Heard learned counsel for the applicant, learned AGA for State and perused the records.

¶2The present applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. beseeching a direction that he may be permitted to furnish one bail bond and two sureties in one case (as per Case Crime No.733 of 2018) and same may be held good for the purposes of releasing him on bail in all four criminal cases.

¶3It is submitted that applicant has been inculpated in four criminal cases wherein he has been enlarged on bail. Details of all four criminal cases are given herein under :- "1. Criminal Misc. Anticipatory Bail Application No.9328 of 2024, dated

23.10.2024 in Case Crime No. 733 of 2018, U/s 420, 465, 468, 470, 471 of I.P.C. and Sections 3/7 of Essential Commodities Act and Sections 66-D of I.T. (Amendment) Act, 2000 and Section 34 of Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, Police Station-Nai Mandi, District - Muzaffarnagar.

¶2Criminal Misc. Anticipatory Bail Application No.8262 of 2024, dated

22.08.2024 in Case Crime No.1003 of 2018, U/s 420, 465, 468, 470, 471 of I.P.C. and Sections 3/7 of Essential Commodities Act and Sections 66-D of I.T. (Amendment) Act, 2000 and Section 34 of Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, Police Station-Kotwali Nagar, District - Muzaffarnagar.

¶3Criminal Misc. Anticipatory Bail Application No.8327 of 2024, dated

18.09.2024 in Case Crime No.1004 of 2018, U/s 420, 465, 468, 470, 471 of I.P.C. and Sections 3/7 of Essential Commodities Act and Sections 66-D of I.T. (Amendment) Act, 2000 and Section 34 of Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, Police Station-Kotwali Nagar, District - Muzaffarnagar.

¶4Criminal Misc. Anticipatory Bail Application No.6487 of 2024, dated

29.07.2024 in Case Crime No.634 of 2018, U/s 420, 465, 468, 470, 471 of I.P.C. and Sections 3/7 of Essential Commodities Act and Sections 66-D of I.T. (Amendment) Act, 2000 and Section 34 of Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, Police Station-Civil Lines, District - Muzaffarnagar."

¶4It is submitted that the financial condition of the present applicant is not good and he is not in a position to furnish four bail bonds and eight sureties to get himself free in pursuance of the bail orders passed by the court concerned in all the aforesaid four criminal cases. It is next submitted that sympathetic consideration may be adopted in the matter of the present applicant and he may be permitted to execute only one bail bond and two sureties in one case and same may be held good for the purposes of releasing the applicant on bail in all four criminal cases in view of the ratio decided by the Hon'ble Supreme Court in the matter of Hani Nishad @ Mohammad Imran @ Vikky v. State of U.P., by order dated 29.10.2018 passed in Special Leave to Appeal (Crl.) No.8914-8915 of 2018.

¶5As such, instant application succeeds and is allowed. Present applicant is permitted to furnish one bail bond and two sureties in one case as per satisfaction of the court concerned which shall hold good for the purposes of releasing the present applicant on bail in all four criminal cases, as mentioned above, wherein he has been enlarged on bail. Order Date :- 19.12.2024 Rama Kant High Court of Judicature at Allahabad High Court of Judicature at Allahabad